Publishers comment on Xbox One used games policy

Is Microsoft's used games policy legal? Unfortunately, yes. However, with third parties ultimately responsible for how used games work on Xbox One, how likely is it that they will go through with an anti-used games stance?

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Gamers are understandably upset over Microsoft's new policies for game ownership on Xbox One. This image quickly made the rounds as gamers protested Microsoft's proposed restrictions on used games. In light of Microsoft's decision, some are asking: is this legal?

Unfortunately, the answer appears to be "yes," thanks to lengthy EULAs that most consumers typically scroll down through hitting "Accept" without reading. Electronic Frontier Foundation Intellectual Property Director Corryne McSherry explained to Ars Technica that "just because you can sell a used game doesn't mean the platform maker has to make it easy, or even possible, for the new owner to play it." Due to the first-sale doctrine, you are legally entitled to sell your Xbox One game disc--but without the correct rights, it might as well be a broken piece of plastic you're giving away.

According to Microsoft, publishers will ultimately decide whether or not their games can be resold. While other elements of Microsoft's new policies are still draconian, it's quite possible that publishers may choose not to implement any restrictions on the resale of used games. Wedbush Securities analyst Michael Pachter believes that most publishers will choose to let gamers freely resell their games.

"In our view, any publisher that disables used gaming risks a backlash or boycott of its titles by gamers, negatively impacting sales," he told GameSpot. "They would face a huge backlash. They wanted manufacturers to do the dirty work, and both refused." (Note that, at this time, Sony's used games policy for PS4 has not been announced. Their executives have gone on record to say used games work and has confirmed that unlike Xbox One, the system does not require an internet connection.)

If publishers do restrict sales of used games in some way, it may be within a certain window after a game's release. "We think that some publishers may limit used game trade-ins for a specified period of time following the game's launch," Pachter added.

Some publishers have already responded to GameSpot's request for comment on their stance on Xbox One's used games policies. Bethesda said "we haven't had time to fully understand and evaluate their policy." Understandable, given how lengthy and carefully-worded their notice is. Sega said "we are currently discussing within Sega policies relating to the new generation of consoles. As soon as these have been agreed upon with all concerned partners we will make the information public." Given the lack of information surrounding PS4's used games policies, Sega may be taking a wait-and-see approach.

Capcom noted: "At present Capcom has not announced any titles for Xbox One so any decision regarding allowing trade-ins or loaning games has not been determined." Take-Two Interactive decline to comment, but its CEO Strauss Zelnick previously said that "our view about used games has been, as opposed to whining or figuring out ways to punish the consumer for buying used games, we've figured out we better delight the consumer." Unfortunately, many Xbox fans are currently not delighted by Microsoft's current policies. Clearly, third parties have to tread carefully in the coming generation.

Andrew Yoon was previously a games journalist creating content at Shacknews.

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  • reply
    June 7, 2013 1:00 PM

    Andrew Yoon posted a new article, Publishers comment on Xbox One used games policy.

    Is Microsoft's used games policy legal? Unfortunately, yes. However, with third parties ultimately responsible for how used games work on Xbox One, how likely is it that they will go through with an anti-used games stance?

    • reply
      June 7, 2013 1:04 PM

      so it seems they were caught just as blindsided as we were? i kind of find it hard to believe they don't have plans/policies in place already (the publishers that is)

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      June 7, 2013 1:43 PM

      "at this time, Sony's used games policy for PS4 has not been announced"

      ooopsy daisy

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      June 7, 2013 1:57 PM

      I am all for an anti-used games stance:
      1. The people most affected by this are poor or young console players. Good riddance.
      2. GameFly ads make me want to vomit. Everyone in them (even if just actors) belongs in a Siberian labor camp. That bunch of whiny, self-entitled, tantrum throwers deserve to be flayed alive with Hot Wheel tracks.
      3. If you are such a cheap ass or that poor you probably shouldn't be playing games (see 1.). But guess what, what a month or a few and it will be on sale on Steam for some ridiculously low price. So if you are playing on a PC you can just wait and pay 1/10th what I paid on day one.
      4. Indie games are already priced very low. And they, if anyone, deserve every bit of your money. So just pay them.
      5. Resale of games or electronic devices lead to the existence of stores like CEX which are really just pawn shops so the people who stab you in the testicles and take your phone can resell it for heroin.

    • reply
      June 7, 2013 3:37 PM

      When are going to get an official Game Fly comment on this? They have to be in talks with Microsoft right?

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      June 7, 2013 4:03 PM

      Everybody is talking about the bad side of this... but there are some benefits. Being able to buy games online and download them on day 1 without waiting in line with smelling nerds in the rain. Being able to log into your friends Xbox and play ALL of your games at their place (including your saved games). Having two Xbox's in your house and playing the same game with shared save files stored in the cloud (people may laugh at this one but I have a buddy who has a 360 in his living room and one in his bedroom and carries a USB stick up and down for saved files).

      I guess as somebody who usually buys his games new and only sells them back to save space (I usually keep them so long I get next to nothing for them)... it's not a big deal for me. Honestly, this is how a Steambox would work. It's kind of how Steam works right now on PC except it's even more consumer friendly (they will let you sell games and let family members play etc).

      I guess I just don't think it's quiet as bad as everybody else.

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        June 7, 2013 4:05 PM

        The worst part about this whole deal is that those small mom and pop game stores which do a lot of buying and selling of used games. This is going to make things tough for them, and that makes me sad because there are already few enough of those around still.

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        June 7, 2013 5:24 PM

        What's really sad about your buddy with the two Xbox 360s is that if he has a Gold account he can already save his game files in the cloud...why is he still using a USB stick?!?

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          June 7, 2013 5:25 PM

          By "game files" I mean "game saves".

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          June 7, 2013 9:24 PM

          I haven't seen him in person for a couple years (we moved) so maybe he does use the cloud. Not sure.

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        June 7, 2013 11:11 PM

        This won't make them any cheaper. Hell, digital purchases in the UK are about £10 more expensive than retail because publishers can set the prices. It's only during sales or promotions they get cheaper and I can't see MS running big sales regularly.

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      June 7, 2013 4:07 PM

      Honestly if they had the equivalent of steam sales I wouldn't care. I'm okay with that system. I have more games on steam than I can play, and a ton of them were massively discounted when I bought them.

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      June 7, 2013 10:31 PM

      Which gamers are upset? I'm not upset.

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      June 7, 2013 11:18 PM

      [deleted]

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      June 7, 2013 11:40 PM

      So no more game rentals?

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      June 8, 2013 11:35 PM

      I find the comments about poor people to be funny as can be,
      do these well to do morons honestly think they are the majority
      of gamers? LOL that is the worst assumption i have ever seen,
      they MAY and that's a big MAY make up what 10% tops of the total
      gamers, now think about this, if the industry looses 90% of its
      business because it caters to the 10% who can afford these
      retarded ideas, well lets just say the pool of available cash for
      new games and sequels will fall absurdly fast, but hey you
      might have to actually think for yourself to consider that, something
      apparently those 10% cant manage, you know you folks
      might wanna pay someone to think for you, your blinders keep
      getting in your way.

      • reply
        June 9, 2013 1:28 AM

        What did you just say? There was something in that sentence but......what?

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        June 9, 2013 9:11 PM

        The flaw I see in your thought process is that the poor people you refer to weren't buying the games from the publishers in the first place... they were buying them second hand.

        From the publisher's perspective, those "poor" people never existed...

        Looks like the 10% are keeping the game companies in business just fine. The "poor people" need to be thanking them instead of giving them the stink eye ;-)

        • reply
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